Bhawar Lal vs Ramchandar on 10 July, 2024
6/ During pendency of the trial, respondent/defendant
filed an application under section 11 read with section 151 of
C.P.C, which has been allowed by the trial Court vide order dated
15/07/2022. Without framing of issues and adducing evidence,
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 11-07-2024
18:21:01
3
the trial Court committed grave error in dismissing his sut by
allowing the application filed under section 11 read with section
151 of C.P.C. The same has been affirmed by First Appellate
Court. Both the Courts below have committed error in not
considering the provision of section 11 of C.P.C. Thus, in view of
the aforesaid, he prays that present Second Appeal deserves to be
allowed on the substantial questions of law as proposed by the
appellant. Learned counsel has also place reliance upon the
judgment delivered by this Court in the case of Usha Rai and
another Vs. Sanskrit Pathsala Samiti (Second Appeal no.
414/2000 decided on 03/08/2023)
7/ I have heard learned counsel for the appellant and
perused the entire record with due care.